Articles of Incorporation
In the State of Alabama, the Articles of Incorporation are the basis of any for-profit or non-profit organization. When they are written, they are added to the state registry, along with a record of the board of directors and the organization bylaws.
From time to time, they will need to be amended. Reasons include:
- Changes in boards of directors
- Change of organization address
- Significant changes in organizational bylaws.
It isn't necessary for small organizations such as RMM to amend the articles each time something is changed, but it is important to amend the non-profit Articles of Incorporation at sufficiently regular intervals so as to maintain a chain of custody from the original incorporator (member Seth Lewis) through to the current Chair. This page is intended to provide directions for future Board Secretaries.
Each time an Amendment is filed, the person who was chair at the time of the last amendment (or at the time of writing, the original incorporator) must sign off on the DNP Corp Amendment form. The form used for the first amendment was dated 10/2011. Check the dates carefully, as the form available on the Secretary of State website wasn't the most recent version (it was 09/2011), and we had to resubmit a more current version that was available in person from the Jefferson County Probate Court.
Provide supporting documentation for each change being made.
- For changes in the Board of Directors & other officers, as well as to bylaws, include the minutes of the meeting at which the change was voted on and approved.
- For changes in address, simply write in the new address and date of the move or the new mailing address. (this affects where relevant documents shall be mailed).
The package that must be submitted to the County Probate Count must include 3 copies each of:
- the Domestic Nonprofit Corporation Amendment to Formation/Articles
- Supporting documentation for each change being made
If three copies are not provided, the Probate Court charges a $1.00/page copying fee. The two copies will be filed at the court, a scan will be filed electronically and the original returned to RMM's representative doing the filing.
The charges in October 2014 were:
- $50 - Secretary of State (posted on the Secretary of State website)
- $38 - Jefferson County Probate Court (not posted online anywhere at all!!)
Allow for similar or larger processing fees going forward.
- Red Mountain Makers was incorporated as a State of Alabama non-profit on 25 February 2013.
- The first amendment to the articles of incorporation (to update the Board of Directors and to record the current address) was made on 14 October 2014.